The cases of non-citizens voting in the USA are extremely rare

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28 Oct 2024
61

TLDR:
In the United States, non-citizens are legally barred from voting in federal and state elections. While some local jurisdictions permit noncitizens to participate in specific local elections, such as for school boards, claims that unauthorized immigrants or noncitizens vote in large numbers lack substantiation. Evidence suggests that cases of noncitizen voting are exceedingly rare, and the process of citizenship (which grants voting rights) is lengthy and complex. Missteps, like automatic voter registration tied to driver’s licenses, occasionally lead to inadvertent noncitizen registrations but states audit these lists regularly. Ongoing debates emphasize challenges in balancing accurate voter rolls with accessible voting rights.

Federal and State Prohibitions on Noncitizen Voting
Federal law strictly prohibits noncitizens from voting in any federal or state elections. Any attempt to vote or register can result in significant legal consequences, including deportation and up to five years in prison. Since 1924, states have progressively banned noncitizen voting in federal contexts, and Congress added criminal penalties in 1996.

Incidents of Noncitizen Voting
Instances of noncitizen voting are sporadic. According to studies and audits, only a minute fraction of votes cast involve suspected noncitizen votes, often accidental. For example, a Heritage Foundation study documented only 23 instances between 2003 and 2022; most were minor infractions.

Automatic Voter Registration and Noncitizen Voting
Some states link voter registration with driver’s license applications, which occasionally leads to accidental registration of noncitizens. Although noncitizens rarely cast ballots, these registration mistakes occur when they unintentionally affirm citizenship. States conduct periodic audits to address ineligible registrations, focusing on noncitizens who may have been added mistakenly.


Challenges with Voter Roll Purges and Eligibility Verification
Efforts to clean up voter rolls have sometimes led to the removal of eligible citizens. For example, nearly 100,000 U.S. citizens were incorrectly flagged in Texas for possible noncitizen status. This incident exemplifies the fine line officials must walk between ensuring voter eligibility and not disenfranchising citizens.


Noncitizen Voting in Local Elections
At least 16 U.S. jurisdictions, including parts of California and Maryland, allow noncitizens to vote in specific local elections. This right applies to issues like school board elections where noncitizens have a stake in local governance. Despite this, relatively few noncitizens participate in these elections, partly due to the lack of widespread publicity.

Concluding Reflections:
The debate over noncitizen voting is marked by legal strictness and political sensitivity. Although occasional registration errors occur, rigorous audit systems work to maintain voter roll integrity. Calls for tighter ID requirements in federal elections stem from unfounded fears that noncitizen voting is prevalent; however, this approach risks disenfranchising marginalized U.S. citizens who lack documentation. The inclusion of noncitizens in some local elections reflects community-focused inclusivity, yet broader participation could be encouraged through education and awareness. Addressing voting rights should balance security with inclusivity, ensuring voting access aligns with democratic values.

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